Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

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Birdseye and another v Roythorne & Co and others – WLR Daily

Birdseye and another v Roythorne & Co and others [2015] EWHC 1003 (Ch); [2015] WLR (D) 169

‘It remained the case that a person had to establish as a prima facie case that he was a beneficiary before there could be any question of the court requiring a trustee or executor to disclose documents which would be protected by privilege if the applicant were not a beneficiary.’

WLR Daily, 15th April 2015

Source: www.iclr.co.uk

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Legal professional privilege was waived, High Court rules in probate dispute – Litigation Futures

Posted April 17th, 2015 in legal profession, negligence, news, privilege, striking out by sally

‘The High Court has rejected an application to strike out part of a negligence claim on the grounds that they referred to matters protected by legal professional privilege.’

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Litigation Futures, 16th April 2015

Source: www.litigationfutures.com

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Government accepts case to exempt lawyers from ‘groundless threats’ laws – Legal Futures

‘Lawyers who act on instructions in threatening potential intellectual property infringers with action are to be exempt from being sued when the threat turns out to be groundless, after the government recently gave the go-ahead for law reforms.’

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Legal Futures, 13th April 2015

Source: www.legalfutures.co.uk

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Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

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Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

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ASA rejects personal injury advert complaint because consumers ‘now understand how claims work’ – Legal Futures

‘The Advertising Standards Authority (ASA) has rejected a complaint against a west country personal injury law firm, saying that consumers now have “a general awareness that to have a valid claim there would have to be some degree of fault or negligence by a third party”.’

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Legal Futures, 8th April 2015

Source: www.legalfutures.co.uk

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Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

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Clinical negligence: patients’ wishes are paramount – Park Square Barristers

Posted April 2nd, 2015 in birth, consent, doctors, hospitals, medical treatment, negligence, news by sally

‘Richard Paige discusses 2 recent decisions which are essential reading for any clinical negligence practitioner: they establish that patients’ wishes are paramount. Doctors must ensure that patients are sufficiently informed and must not censor information.’

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Park Square Barristers, 14th March 2015

Source: www.parksquarebarristers.co.uk

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Serious Injury Cases: Another Example of the Judges Going Back to Basics – Zenith PI Blog

Posted April 2nd, 2015 in birth, damages, hospitals, negligence, news, personal injuries by sally

‘An earlier post looked at several cases this year where judges have considered fairly fundamental principles of damages when assessing serious personal injury claims. This trend can be seen again in a case decided today Robshaw -v-United Lincoln Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Zenith PI Blog, 1st April 2015

Source: www.zenithpi.wordpress.com

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Boy left disabled during birth could receive record £15m compensation – Daily Telegraph

Posted April 2nd, 2015 in birth, compensation, hospitals, negligence, news by sally

‘James Robshaw faces a lifetime of dependence after complications during his birth left him with cerebral palsy.’

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Daily Telegraph, 2nd April 2015

Source: www.telegraph.co.uk

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Yarl’s Wood migrant ‘can sue government over prescribed drug’ – BBC News

‘A migrant who claims her psychosis was triggered by medication given to her at Yarl’s Wood Immigration Removal Centre is to be allowed to sue the government.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

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Leaning towards insurable interests – Hardwicke Chambers

Posted March 31st, 2015 in insurance, negligence, news by sally

‘Where a claimant assured has no insurable interest in the subject matter of the insurance, a claim against the insurer will fail. The rationale behind this rule is to preclude the possibility of gambling by the assured. But making good a defence of lack of insurable interest is a challenge. A court is naturally reluctant to accept that no contract exists where an insurer has already accepted an insurance premium. The recent High Court decision in Western Trading Ltd illustrates this reluctance.’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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‘Human rights law has no place on the battlefield’ – Policy exchange report – The Guardian

Posted March 30th, 2015 in armed forces, human rights, negligence, news, Supreme Court, war by sally

‘Britain should withdraw from the European convention on human rights during wartime because troops cannot fight under the yoke of “judicial imperialism”, according to a centre-right thinktank.’

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The Guardian, 30th March 2015

Source: www.guardian.co.uk

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Cathedral sues NHS after worshipper tripped and injured foot – Daily Telegraph

Posted March 30th, 2015 in Church of England, doctors, health, negligence, news, personal injuries by sally

‘Lawyers claim injury was much worse than it would have been with appropriate treatment.’

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Daily Telegraph, 28th March 2015

Source: www.telegraph.co.uk

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Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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High Court: Judges should do “broad justice” when attributing costs between cases – Litigation Futures

Posted March 23rd, 2015 in costs, negligence, news by sally

‘Judges should be content to do “broad justice” when making costs orders to avoid “complicated attempts” to attribute them between a number of cases, the High Court has ruled.’

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Litigation Futures, 23rd March 2015

Source: www.litigationfutures.com

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Do not resuscitate order not to blame for patient death, coroner rules – The Guardian

Posted March 19th, 2015 in health, hospital orders, inquests, negligence, news by sally

‘A great-grandfather who died after hospital staff decided without consultation that he should not be resuscitated was not neglected because medics were following guidelines, a coroner has concluded.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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Two key legislative reforms to Personal Injury law due – Cloisters

Posted March 17th, 2015 in duty of care, inducements, legislation, negligence, news, personal injuries by sally

‘Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015, were given royal assent on 12 February 2015 and are expected to come into force in April 2015.’

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Cloisters, 19th February 2015

Source: www.cloisters.com

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Advising on a secondary victim claim? December 2014 produced a trio of new cases – Hardwicke Chambers

Posted March 17th, 2015 in health, negligence, news, psychiatric damage, victims by sally

‘If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “It seems to me that in this area of the law, the search for principle was called off in Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310. No one can pretend that the existing law, which your Lordships have to accept, is founded upon principle.” in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (the police officers’ claims arising out of the Hillsborough disaster).’

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Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

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